Canada Says Hong Kong’s New National Security Law Undermines Human Rights

Canada Says Hong Kong’s New National Security Law Undermines Human Rights
A figure in the shape of a hand, with the colours of China’s national flag for fingernails and a “23” on its palm, referencing the controversial proposed Article 23 national security law, is carried by protesters at a National Day rally in Hong Kong on Oct. 1, 2018. Thousands marched in Hong Kong that day against suppression by Beijing as fears grow that freedoms in the semi-autonomous city are seriously under threat. Anthony Wallace/AFP via Getty Images
Andrew Chen
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Canada has joined its allies in criticizing Hong Kong’s new national security law, saying that its broad definition of threats fails to protect human rights and raises concerns of overarching enforcement.

“Canada is concerned that the new national security law adopted by Hong Kong could deviate further from internationally accepted standards of proportionality, transparency and accountability,” Global Affairs Canada’s March 20 statement reads.

“This new legislation ... fails to safeguard the human rights and freedoms enshrined in the Basic Law and in international instruments to which Hong Kong is a party.”

On March 19, Hong Kong lawmakers unanimously passed a new bill known as Article 23, under Hong Kong’s constitution-like Basic Law. This legislation establishes offences for five types of activities, including treason, secession, sedition, theft of state secrets, and subversion against Beijing central authorities.

Within just 11 days, the bill was fast-tracked through the Hong Kong legislature, imposing severe penalties, including life imprisonment, for activities deemed to fall under these offences.

“The law’s broad definitions of national security offences and national security threats raise concerns about the potential for enforcement overreach,” reads the statement from Global Affairs Canada. It adds that there is no clear provision for an independent review mechanism to ensure proportionality, transparency, and accountability in the law’s application.

Hong Kong already has a national security law in place, enacted in 2020, which has drawn criticism for its perceived role in undermining a pro-democracy movement that had been ongoing since the previous year. Following its enactment, hundreds of individuals, including well-known democracy activists, were arrested, and three major independent news outlets were shuttered.

The new law further raises concerns due to its extraterritorial effect, leading to fears that it could be used to intimidate and restrict free speech in other jurisdictions.

“The National Security Law imposed in 2020 led to the violation of human rights and the suppression of open debate in Hong Kong,“ Global Affairs stated. ”The new law risks compounding the chilling effect created by the National Security Law at a moment when the city is trying to maintain its status as an open and free international hub,”

Criticism

Canada’s allies, including the United States, the United Kingdom, and the European Union, have condemned Hong Kong’s new rubber-stamp national security law.
In a March 19 statement, British Foreign Secretary David Cameron said the law will have “far-reaching implications” for the autonomy and freedom of Hong Kong, impacting not only local residents but also foreign diplomats, and “enable the continuing erosion of freedoms of speech, of assembly, and of the media.”
U.S. lawmakers also urged Secretary of State Antony Blinken to alert Americans about the potential implications of Hong Kong’s national security law.
The Hong Kong Democracy Council, a Washington-based rights advocacy group, reported on March 21 that, over the past week, 12 protests have been held across the world, including in Canada, the United Kingdom, and Taiwan, opposing Article 23. In Canada, more protests are being planned for the upcoming weekend in cities including Calgary, Halifax, and Toronto.